Terms and Conditions English

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination, and extension
Article 13 - Payment
Article 14 - Complaints procedure

Article 15-  Disputes

Article 16-  Additional or deviating provisions

Article 1 - Definitions

In these conditions, the following terms are defined:

Reflection period: the period within which the consumer can exercise his right of withdrawal; Read all about reflection period

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the consumer's option not to proceed with the distance contract within the reflection period;

Model withdrawal form: the model withdrawal form that the entrepreneur makes available, which a consumer can fill in if he wishes to exercise his right of withdrawal.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, up to and including the conclusion of the contract, exclusively using one or more means of distance communication;

Means of distance communication: a means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously present in the same space.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Izzy Activewear
Bruggemanlanden 6

7542CC Enschede
Netherlands

T
E activewear.izzy@gmail.com
Chamber of Commerce (KVK) 92039081
VAT number NL865861043B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur and that they will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.

In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are void or voided in whole or in part at any time, the agreement and these conditions shall remain in force for the remainder and the relevant provision shall be replaced by mutual agreement as soon as possible.

Situations not provided for in these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products

.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal frameworks, gather information about the consumer's ability to fulfill his payment obligations, as well as all facts and factors relevant to responsibly entering into a distance contract. If, acting on the results of this investigation, the entrepreneur has sound reasons not to enter into the agreement, he is entitled to refuse an order or request supported by reasons, or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium along with the product or service:

a. the visiting address of the entrepreneur's business premises where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In case of a continuing performance contract, the stipulation in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 14 days. This reflection period commences on the day following receipt of the product by the consumer or a representative designated by the consumer and announced to the entrepreneur.

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

The consumer is only liable for the depreciation of the product resulting from the handling of the product that goes beyond what is permitted in paragraph 2.

The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

If the consumer exercises his right of withdrawal, he will report this to the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 5, the consumer will return the product, or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.

The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer.

The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return.

If the consumer withdraws after first expressly requesting that the provision of the service or the supply of gas, water or electricity not be made ready for sale in a limited volume or set quantity during the reflection period, the consumer is the entrepreneur.

The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that have not been made ready for sale in a limited volume or quantity, or for the supply of district heating if:

a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal or the model withdrawal form, or;
b. the consumer has not expressly requested the start of the execution of the service or the supply of gas, water, electricity or district heating during the reflection period.

The consumer bears no cost for the full or partial delivery of digital content not supplied on a physical medium if:

a. prior to delivery, he has not expressly agreed to start performance of the agreement before the end of the reflection period;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.

If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of return are at most for his account.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided. Repayment will be made via the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.

If the product is damaged or the packaging is more damaged than necessary to try the product, the entrepreneur can pass on this depreciation of the product to the consumer. The consumer is only liable for depreciation of the product resulting from the use of the product, which goes beyond what is necessary to determine the nature, characteristics, and operation of the product.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

a. that have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly of a personal nature;
c. that cannot be returned due to their nature;
d. that can quickly spoil or age;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
b. the delivery of which has started with the express consent of the consumer before the reflection period has expired;
c. concerning bets and lotteries.

Article 9 - The price

During the validity period mentioned in the offer, the prices of

the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

Prices mentioned in offers of products or services include VAT.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness, and/or usability and the statutory provisions existing on the date of the conclusion of the agreement. This warranty by the entrepreneur does not affect the legal rights and claims that the consumer, based on the agreement, can assert against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

a. the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
b. the delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
c. the inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the entrepreneur.

With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot be executed or only partially, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without any costs being charged and is entitled to any compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest at the time of delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Continuing Performance Agreement: Duration, Termination, and Renewal

Termination

The consumer can terminate a contract that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed termination rules and a notice period of no more than one month.

The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed period, taking into account the agreed termination rules and a notice period of no more than one month.

The consumer can cancel the agreements mentioned in the previous paragraphs:

- at any time and not be limited to termination at a particular time or in a given period;
- at least in the same way as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.

Renewal

A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a certain duration.

Contrary to the previous paragraph, a contract that has been concluded for a definite period and that extends to the regular delivery of dailies, weeklies, and periodicals may be tacitly renewed for a fixed duration of up to three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month.

A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel it at any time with a notice period of no more than one month. The notice period is no more than three months if the the agreement extends to the regular, but less than once a month, delivery of dailies, weeklies, and periodicals.

An agreement with a limited duration for the regular delivery of dailies, weeklies, and periodicals (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

**Article 13 - Payment**

Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.

The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.

If the consumer does not fulfill his payment obligation(s) in time, after he has been informed by the entrepreneur about the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to €2,500; 10% over the next €2,500 and 5% over the next €5,000 with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.

**Article 14 - Complaints procedure**

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

**Article 15 - Disputes**

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements with regard to products and services to be supplied or supplied by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee Webshop, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl).

A dispute is only dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable period of time.

If the complaint cannot be resolved by mutual agreement, the consumer must contact the Disputes Committee no later than 12 months after the date of the complaint being submitted to the entrepreneur.

If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wants this, the consumer will have to state in writing within five weeks after a written request made by the entrepreneur whether he agrees to this or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.

The Disputes Committee's decision takes the form of a binding advice.

The Disputes Committee will not deal with a dispute or will discontinue the proceedings if the entrepreneur has been granted a moratorium, has been declared bankrupt or has actually ceased business activities before the committee has dealt with the dispute at the hearing and a final decision has been reached.

If, in addition to the Disputes Committee Webshop, another recognized disputes committee is responsible, the Disputes Committee Webshop's disputes will be submitted exclusively to the Disputes Committee Webshop.

**Article 16 - Branch Guarantee**

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A branch guarantee offered by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer, under the agreement, can assert against the entrepreneur.